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The Research On Registration Institution Of Copyright

Posted on:2013-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:J HuangFull Text:PDF
GTID:2246330374988332Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Copyright registration system is a kind of legal system that the author or other rights holders submit an application about the change of the right of copyright to the State organ authorized by law, the Statutory authority review it according the application, and then register this fact on the special notebook of the statutory authority after review. The purpose of the system is to make the rights transaction safer, and maintain the lawful rights and interests of copyright holders. The changes of the copyright rights include the transfer, pledge, license to use of the copyright and so on. The Copyright Pledge Contract Registration and The Guaranty Law have made a complete provision about the pledge of copyright registration. It was set that the copyright property can be transferred in the Copyright Law amended in2001, but there isn’t any relevant law that prescribe the registration system of the copyright transfer, which lead to the frequent occurrence of " multi-trades of copyright " in the copyrights trading market, which means the copyright disputes caused by the fact that the copyright owner signs contracts with no more than one person, and transfers the property right of the copyright to multiple assignees on after another."multi-trades of copyright" damages the interests of the assignees Who do not obtain the right. The ownership status of the copyright needs to be characterized in some way to eliminate the phenomenon mentioned above in the copyright trading process. Most countries have established the copyright registration system nowadays, and there are only a little difference in the specific design of the system. Because of the lack of the provisions for legal registration system in China, the copyright registration faces problems like the uncertainty of the copyright registration effect, the inconsistent of the registration authority and procedures and so on in practice. Therefore, We need to add the general provisions of the copyright registration, uniform the registration office, define the effectiveness of the registration in the Copyright Law.
Keywords/Search Tags:alternation of private right, transfer of copright, copyright registration system
PDF Full Text Request
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